Louis DeGidio Oil & Gas Burner Sales & Service, Inc. v. Ace Engineering Co.

Otis, Justice.

This is an action by a heating contractor against a furnace manufacturer to recover damages for breach of warranty and consequential damages. The jury awarded plaintiff $29,600 and defendant appeals from the judgment and from an order denying judgment n. o. v. or a remittitur or a new trial. We grant a remittitur of $1,750 and otherwise affirm.

There are two issues: First, whether plaintiff and defendant stood in the relationship of buyer and seller or that of principal and agent; and, second, whether the evidence supports the amount of damages awarded.

The parties entered an…